Ian Mulgrew: Province could end up paying millions in refunds to drunk drivers

Ian Mulgrew, Vancouver Sun columnist04.12.2013

The provincial government has offered $2,000 refunds to hundreds of motorists who received immediate roadside suspensions for drinking and driving. A lawyer for some says the letter is an acknowledgment Victoria should not have additionally penalized all suspended drivers by forcing them to install an ignition breathalyzer lock on their vehicles and attend a responsible driver course.

The provincial government has offered $2,000 refunds to hundreds of motorists who received immediate roadside suspensions for drinking and driving.

A lawyer for some says the letter is an acknowledgment Victoria should not have additionally penalized all suspended drivers by forcing them to install an ignition breathalyzer lock on their vehicles and attend a responsible driver course.

Vancouver lawyer Paul Doroshenko, a leading critic of the controversial three-year-old program, says the move could presage a whopping bill for taxpayers.

“I am writing to inform you that I am able to reimburse you $1,908.68,” says the letter from B.C.’s new Supt. of Motor Vehicles, Sam MacLeod, a former Mountie.

“The amount has been calculated as: $689.60 Responsible Driver Program, $738.28 Ignition Interlock Program, $184.80 Additional Ignition Interlock removal fees. An additional $184.80 for each ignition interlock device, not yet removed from your vehicle as of Feb. 6, 2013, was added to the actual amounts paid for the Ignition Interlock program. This includes the removal fee of $50, one month monitoring fee of $105, loss protection fee of $10, and $19.80 for HST.”

Victoria says 1,087 drivers had these penalties cancelled — about half, 463, who paid for the course and installed the device already have been offered a refund.

The superintendent continues to review 50 remaining files that require more in-depth consideration and anticipate they will be completed in the near future.

“The total cost of these reimbursements will depend on exactly how many drivers accept the reimbursement offer,” said Stephanie Melvin, deputy superintendent of motor vehicles,

“They seem to know the amount people paid for the interlock and RDP. Instead they’ll only give you the money that they admit they owe you if you waive your right to any other damages. And then it’s in multiple steps. And after the first release they intend to send people a second release?”

In any event, it’s a needless bill run up by a 115-member branch of government whose annual budget is only $15.5 million.

Champion of the much ballyhooed scheme, Steve Martin quietly stepped down last month after six years as superintendent.

Touted as the toughest impaired driving legislation in Canada, the new law came into effect in September 2010, targeting a lower blood alcohol threshold of .05 rather than .08 with stiff fines, automatic licence suspensions and vehicle seizures.

It was supposed to save money by moving drunk-driving charges out of court, increase revenue for the branch and improve Liberal support by capitalizing on sympathy for the victims of impaired drivers.

But only two months into the program, 2,200 roadside screening devices were recalled because they were improperly calibrated.

Lawyers launched court challenges saying the draconian administrative penalties were too severe and that the law stripped people of civil rights.

The B.C. Supreme Court in November 2011 found the program unconstitutional because it did not have a proper appeal process, and the Liberals were forced to amend it.

The B.C. Court of Appeal now is reviewing the legislation.

These refunds are the result of Victoria’s decision to treat 1,137 drivers who received suspensions in the month before the court ruling differently than others.

They were not told to install the ignition lock or attend the safety course in deference to the pending decision.

Those additional punishments, however, were meted out in a mandatory fashion to thousands of others who received suspensions during the first year of the program.

On Sept. 15, last year, the 1,137 drivers were sent letters from the superintendent telling them though they had resumed driving eight months earlier, they must now install the ignition lock and attend the course.

On behalf of those motorists, Doroshenko and other lawyers sued the government arguing the superintendent failed to exercise the required discretion in each case before imposing the additional penalties.

Everyone’s driving record is supposed to be taken into account, Doroshenko said, and the mandatory imposition of the penalties indicated they weren’t doing that.

In February, rather than go to court, Victoria said it would review the cases.

It now has done an about-face.

“The big issue is how will it play out for the remaining approximately 34,000 (who have received suspensions)?” Doroshenko said.

Heck, if half of those require refunds, I figure it would cost $30 million or so.

“It would be irresponsible to comment on potential lawsuits,” said Melvin, “but what I can tell you is that we are confident that these changes will enhance the fairness and effectiveness of the referral and review processes for people who are caught drinking and driving.”

I’m sorry, but if these 463 people deserve refunds because they were unfairly treated, so do all the others across the province who were subjected to the same injustice by this badly implemented program.

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Ian Mulgrew: Province could end up paying millions in refunds to drunk drivers

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